{"id":7581,"date":"2025-01-21T23:29:42","date_gmt":"2025-01-21T23:29:42","guid":{"rendered":"https:\/\/www.brightmine.com\/us\/?post_type=resources&p=7581"},"modified":"2026-01-27T07:53:50","modified_gmt":"2026-01-27T12:53:50","slug":"ask-our-experts-form-i-9","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/us\/resources\/hr-compliance\/payroll\/employee-taxes\/ask-our-experts-form-i-9\/","title":{"rendered":"Ask Our Experts: Form I-9"},"content":{"rendered":"\n
\n
\n
\n
\n

by Taylor Lewellyn<\/strong>, Legal Editor at Brightmine<\/p>\n<\/div>\n\n\n\n

With the renewed focus on Form I-9 compliance and the expected surge in audits and enforcement under the new Trump administration, now seems like the perfect time to revisit two questions we received through the Ask Our Experts service related to I-9 retention.<\/p>\n\n\n\n

How should we retain an I-9?<\/h2>\n\n\n\n
\n
\n

Q<\/strong>: Are we required to keep hard copies of the form I-9? What is the best practice, and is there any reason why keeping the hard copy would be beneficial? Alternatively, can we keep scanned copies of Forms I-9 without keeping the paper copy?<\/p>\n<\/div>\n\n\n\n

\n

A<\/strong>: An employer is not required to keep hard copies of the Form I-9 and may electronically store scanned copies without keeping the paper copy. Specifically, an employer may retain Form I-9 on paper, microfilm or microfiche or electronically.<\/p>\n\n\n\n

An employer may retain Form I-9 using either a paper or electronic system, or a combination of both. If an employer completes a paper Form I-9, it may scan and upload the original signed form, correction or update, and retain it electronically. The employer may destroy the original paper form after it has securely stored it in an electronic format. Any electronic system used to generate Form I-9 or retain completed Forms I-9 must meet specific requirements.<\/p>\n\n\n\n

If an employer chooses to complete or retain Form I-9 electronically, it must maintain (and make available upon request) documentation of the business processes that:<\/p>\n\n\n\n